Res 2017-150/approving a license agreement with NABI, LLC that allows Signage and Landscaping Improvements for the future Rancho Meat Market at 2745 Hunter Road to encroach into a public utility easement

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Licensee and an opportunity to cure as provided in such notice, may undertake such maintenance activities and bill Licensee for the costs of such activities. If Licensee fails to pay such costs within 30 days after receipt of an invoice from Licensor, Licensor may file a lien against the Property adjacent to the License Area in the amount of the invoice, plus interest accruing at the rate of 10 percent per annum until paid. 7. Extra Costs. In the event that any installation, reinstallation, relocation or repair of any existing or future public utility improvements within the Easement is made more costly by virtue of the construction, maintenance or existence of the Improvements, Licensee shall, within 30 days of receipt of an invoice from the City,pay to Licensor an amount equal to such additional cost as determined by the Licensor. If Licensee fails to timely pay such invoice, Licensor may file a lien against the Property in the amount of the invoice, plus interest accruing at the rate of 10 percent per annum until paid. 8. Insurance. This License Agreement shall not be effective unless and until Licensee files with Licensor a certificate of liability insurance or other proof of insurance in a form acceptable to Licensor's risk manager confirming that the Licensee has procured a policy of commercial general liability insurance issued by an insurance company authorized to do business in the state of Texas. The policy shall provide in substance that the insurer will defend against all claims and lawsuits which arise and will pay any final judgment of a court of competent jurisdiction against the city, its officers, agents or employees. The insurance shall provide coverage in an amount of not less than $1,000,000.00 for each single occurrence. The policy of insurance shall name both Licensee and Licensor as insured parties to the full amount of the policy limits and will be endorsed to provide a waiver of the carrier's right of subrogation against Licensor. If the policy is not kept in full force and effect throughout the term of this License Agreement, the License Agreement may be terminated by Licensor upon providing written notice of termination to Licensee. 9. Compliance with Laws and Regulations. Licensee agrees to comply with all laws and ordinances in the construction, repair and maintenance of the Improvements. 10. Removal of Improvements. If Licensor, in its sole discretion, determines that temporary or permanent removal of all or portions of the Improvements is necessary for exercising Licensor's rights or duties in regard to the Easement,or for protecting persons or property,Licensor will provide written notice thereof to Licensee and,within the time specified in such written notice, Licensee shall remove the Improvements or such portions thereof. If Licensee fails to undertake such removal within the time specified in the written notice, Licensor retains the right to enter upon the License Area and, at Licensee's expense, undertake such removal. If Licensee fails to pay such expense within 30 days after receipt of an invoice from Licensor, Licensor may file a lien against the Property adjacent to the License Area in the amount of the invoice, plus interest accruing at the rate of 10 percent per annum until paid. As to the portions of the Improvements removed, other than a temporary removal requested and approved by Licensor, this License Agreement shall automatically expire and the License Area be reduced accordingly. If the entirety of the Improvements are permanently removed, then this License Agreement shall automatically expire.